Or. Admin. R. 411-050-0710 - Refunds

(1) If a resident dies, the licensee may not retain or require payment for more than 15 calendar days after the date of the resident's death, or the time specified in the licensee's Agreement, whichever is less.
(2) If a resident leaves an AFH for medical reasons and the resident or the resident's representative indicates the resident's intent to not return, the licensee may not retain or require payment for more than 15 calendar days after the date the licensee or administrator receives notification from the resident, the resident's representative, or the time specified in the licensee's Agreement, whichever is less.
(3) If a resident who has paid with private funds becomes eligible for Medicaid services, the licensee must accept payment from the Department from the date of eligibility forward as payment in full. The licensee must reimburse the resident or the resident's representative within 30 calendar days after the licensee receives payment from the Department for any private payment received after the resident became eligible for Medicaid services.
(4) The licensee must act in good faith to reduce the charge to a resident who has left the home by seeking a new resident to fill the vacancy.
(5) The licensee must refund any unused advance payment to the resident, or the resident's representative as appropriate, within 30 calendar days after the resident dies or leaves the home.
(6) If the AFH closes or the licensee or administrator gives written notice for the resident to leave, the licensee waives the right to collect any fees beyond the date of closure or the resident's departure, whichever is sooner.
(7) If a resident dies or leaves an AFH due to neglect or abuse at the AFH that is substantiated by a Department investigator, or due to conditions of imminent danger of life, health, or safety, the licensee may not charge the resident beyond the resident's last day in the home.
(8) The refund policies in these rules also apply to refunds for resident moves and transfers as described in OAR 411-050-0760.

Notes

Or. Admin. R. 411-050-0710
APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.880, 443.790

Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991

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